People v. Aguirre CA2/2

Filed 12/11/25 P. v. Aguirre CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, B346443

Plaintiff and (Los Angeles County Respondent, Super. Ct. No. KA074785)

v.

BENNY JAVIER AGUIRRE,

Defendant and Appellant.

THE COURT: Benny Javier Aguirre (Aguirre) appeals from the denial of his petition for resentencing under Penal Code section 1172.61 for failure to make a prima facie showing. His counsel has filed a no issue brief in accord with the procedures outlined in People v. Delgadillo (2022) 14 Cal.5th 216. Aguirre’s supplemental brief

1 All statutory references are to the Penal Code unless otherwise specified.

does not argue the superior court erred in denying him relief. Instead, he seeks guidance on what he can do to secure release from his 125-year to life sentence. Since the court correctly denied relief under section 1172.6, we affirm. BACKGROUND In People v. Aguirre (June 24, 2008, B196419), this court affirmed Aguirre’s convictions for first degree murder and two counts of first degree attempted murder. All the counts were enhanced under section 12022.53, subdivision (d), for Aguirre’s personal and intentional discharge of a firearm causing bodily injury or death. Aguirre filed a petition for resentencing under section 1172.6 and a petition to recall his sentence under section 1172.1. The trial court denied the petition for recall of sentence under section 1172.1 without a hearing. It also denied the petition under section 1172.6 because Aguirre was not convicted of murder under either a felony murder theory, the natural and probable consequences doctrine or any other basis of imputed culpability. His appeal is timely. DISCUSSION I. Governing Principles Effective January 1, 2019, the Legislature “ ‘amend[ed] the felony murder rule and the natural and probable consequences doctrine, as it relates to murder, to ensure that murder liability is not imposed on a person who is not the actual killer, did not act with the intent to kill, or was not a major participant in the underlying felony who acted with reckless indifference to human life.’ ” (People v. Curiel (2023) 15 Cal.5th 433, 448, quoting Stats. 2018, ch. 1015, § 1(f).) The Legislature later expanded the law to eliminate liability for attempted murder under the natural and probable consequences doctrine as well. (See § 1172.6, subd.